Apr - High Court of Judicature at Allahabad

494 INDIAN LAW REPORTS ALLAHABAD SERIES [2011
3. For the purpose of better
understanding, paragraph-7 of the writ
petition is quoted below:
"7. That on 1.10.2010 the Petitioner
No.1 wrote letter to the Chairman,
NOIDA Authority informing him the fact
that the property dealers in NOIDA had
informed the Petitioner No.1 that
allotment is being done only in such cases
where bribe money to the tune of Rs.5.50
crores per farm house of 10,000 sq. mtrs
was paid to Ms. Mayawati. The Petitioner
No.1 when queried the property dealer as
to how a bona fide eligible applicant
could be debarred from allotment, was
informed that the form has been made so
elaborate and with so many Annexures
and with so many counter signing of
Chartered Accounts and Chartered
Engineers and with project report etc.
and further the allotment process
envisaged screening of the application
forms and an interview by a selection
committee only for the purpose of
granting discretion to the NOIDA
authority to reject the application so that
only such of those applications would be
cleared who pay the bribe money. The
Petitioner No.1 also brought out in his
letter the fact that the application form as
advised by the property dealers has been
made in such a manner that firstly, very
few people could be able to fill up the
form because of the technicalities
involved in the same and secondly, along
with the form there were so many
documents to be annexed signed by the
chartered accounts or by chartered
engineers which also very few people
would be able to arrange and thirdly a
project report for the farm house
construction of the farm house, income
tax returns and the balance sheets had
also been asked thereby increasing the
subjectivity of the plot allotment
committee in selecting or rejecting an
application. It was also pointed out in that
letter that the farm house was being sold
below the market price and hence there
were ample scope for bribe to be asked in
the allotment. The Petitioners accordingly
vide his letter requested for criteria to be
followed by the plot allotment committee
in the matter of allotment of plot and as to
what weightage was to be given for the
interview in such allotments. These details
were asked at the earliest to enable the
Petitioners to properly fill up the forms.
True copy of letter dated 1st October,
2010 is annexed herewith and marked as
Annexure No.1 to this writ petition."
4. Apart from that, from the facts of
the case it appears to us that the
petitioners are socially well established
and/or financially affluent, who inclined
to get allotment of plots of land for farm
house in the open green space of Noida
under the scheme known as "Open-Ended
Scheme For Development of Farm House
on Agricultural Land-2010". The
petitioners, being signatories therein, have
agreed to fulfil the terms and conditions
prescribed in the application for allotment
of such plots. Bottom of such application
comprises clause of declaration, which is
as follows:
"DECLARATION BY THE
APPLICANT
I/We hereby declare that the
information, submitted with application
form, are true to the best of our
knowledge. Nothing has been concealed
and no part of it is false. I/We further
declare that we have carefully read and
understood the terms and conditions for
allotment of farmhouse plot and do